Capitol Records, LLC v. Redigi Inc.

Filing 20

DECLARATION of RAY BECKERMAN in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - iTunes Terms & Conditions, # 2 Exhibit B - Capitol Records Admissions at Oral Argument of MGM v Grokster March 29, 2005, excerpt, # 3 Exhibit C - Nielsen Billboard Report for 2011, January 5, 2012, excerpt, # 4 Exhibit D - Steve Jobs: The Rolling Stone Interview, Rolling Stone Magazine December 3, 2003, excerpt)(Beckerman, Ray)

Exhibit B

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IN THE SUPREME COURT OF THE UNITED STATES

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METRO-GOLDWYN-MAYER STUDIOS, INC.,

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ET AL.,

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Petitioners,

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v.

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GROKSTER, LTD, ET AL.

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No. 04-480

Washington, D.C.

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Tuesday, March 29, 2005
The above-entitled matter came on for oral

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argument before the Supreme Court of the United States at

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10:13 a.m.

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APPEARANCES:

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DONALD B. VERRILLI, JR., ESQ., Washington, D.C.; on behalf

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of the Petitioners.
PAUL D. CLEMENT, ESQ., Acting Solicitor General,

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Department of Justice, Washington, D.C.; for United

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States, as amicus curiae, supporting the Petitioners.

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RICHARD G. TARANTO, ESQ., Washington, D.C.; on behalf of
the Respondents.

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C O N T E N T S

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ORAL ARGUMENT OF

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DONALD B. VERRILLI, JR., ESQ.

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PAGE

On behalf of the Petitioners

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ORAL ARGUMENT OF

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PAUL D. CLEMENT, ESQ.

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On behalf of United States,

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as amicus curiae, supporting Petitioners

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ORAL ARGUMENT OF
RICHARD G. TARANTO, ESQ.
On behalf of the Respondents.

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REBUTTAL ARGUMENT OF

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DONALD B. VERRILLI, JR., ESQ.

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On behalf of the Petitioners

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Are you sure that you could recommend to the iPod inventor

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that he could go ahead and have an iPod, or, for that

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matter, Gutenberg, the press?

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problem.

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MR. VERRILLI:

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JUSTICE BREYER:

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MR. VERRILLI:

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I mean, you see the

Yes, I think my answer to -What's the answer?
-- those questions are: yes, yes,

yes, and yes.

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[Laughter.]

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JUSTICE BREYER:

Because in each case -- for all

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I know, the monks had a fit when Gutenberg made his press

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--

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[Laughter.]

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JUSTICE BREYER:

-- but the problem, of course,

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is that it could well be, in each of those instances, that

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there will be vast numbers of infringing uses that are

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foreseeable.

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MR. VERRILLI:

I disagree with that, Your Honor.

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Certainly not -- I don't think there's any empirical

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evidence to suggest, with respect to any of the things

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that Your Honor just identified -- and let me pick out the

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iPod as one, because it's the most current example, I

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guess.

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obvious that there were very significant lawful commercial

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uses for it.

From the moment that device was introduced, it was

And let me clarify something I think is

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unclear from the amicus briefs.

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clients, have said, for some time now, and it's been on

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their Website for some time now, that it's perfectly

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lawful to take a CD that you've purchased, upload it onto

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your computer, put it onto your iPod.

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very significant lawful commercial use for that device,

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going forward.

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The record companies, my

There is a very,

And, remember, I -- what our test -- our test is
not "substantial."

Our test is that it's a -- it's a --

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when it's a vast-majority use, like here, it's a clear

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case of contribution --

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JUSTICE SCALIA:

How do you -- how do you know,

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going in, Mr. Verrilli?

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business.

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lawful use to the level where it will outweigh the

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unlawful use?

I mean, I'm about to start the

How much time do you give me to bring up the

I have to know, going in.

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MR. VERRILLI:

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JUSTICE SCALIA:

Well, I -And it's one thing to sit back

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and, you know, calculate with this ongoing business, it's

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90 percent/10 percent.

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you know --

But I'm a new inventor, and I'm --

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MR. VERRILLI:

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JUSTICE SCALIA:

I think the weight --- I'm going to get sued right

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away.

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have a chance to build up a business.

I know I'm going to get sued right away, before I

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1111 14th Street, NW Suite 400

Alderson Reporting Company
1-800-FOR-DEPO

Washington, DC 20005